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2026 DAILYLAW 690 (CHH)

BHUPAT KARSH v. STATE OF CHHATTISGARH

MCRC/2345/2026 · 2026-03-26

Shri Sanjay Kumar Jaiswal

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:14610 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2345 of 2026 1 - Bhupat Karsh S/o Late Laincharan Karsh, Aged About 53 Years, R/o Quarter No. M/475, Ompur Colony Chauki- Rajgamar, Thana- Balco, Distt.- Korba (CG). ... Applicant versus 1 - State Of Chhattisgarh Through- Sho, Chauki- Rajgamar, Thana- Balco Nagar, Distt- Korba (CG). ... Respondent For Applicant : Mr. Pawan Kumar Sharma, Advocate. For Respondent/State : Mr. Akash Agrawal, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 27 / 03 / 2026 1. The accused/applicants have moved this first bail application under Section 483 of BNSS, 2023, for releasing them on regular bail during trial in connection with Crime No. 09/2026 registered at Police Station – Balko Nagar, District – Korba (C.G.) for the offence punishable under Section 65(2) of BNS and Section 4 of POCSO Act, 2012. 2. The case of the prosecution in short is that the mother of the prosecutrix lodged a report on 03.01.2026 at the concerned Police Station to the effect that on 01.01.2026, her daughter SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2026.03.27 16:06:04 +0530 2 told her that the applicant had removed her clothes and touched her body and private parts. Based on the said report, the police registered the offence against the applicant leading to his arrest. 3. Learned counsel for the applicants submits that the applicant is innocent and has been falsely implicated in the case. He further submits that there is a delay of 1 day in lodging the FIR. He next submits that the prosecution has failed to prove its case beyond reasonable doubt and there are contradictions in the statements of prosecution witnesses recorded before the Police. The applicant is a 53-year-old person and there is previous enmity between both the families; therefore, the present applicant has been falsely implicated in the crime in question. He further submits that the applicant has no criminal antecedents and has been in jail since 03.01.2026. Given that there is no likelihood of the case being decided in the near future, the applicant may be released on bail. 4. On the other hand, the learned State counsel opposed the bail application, submitting that the victim is aged about 4 years. The trial has not yet commenced; therefore, at this stage, the applicant should not be granted bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, particularly the nature and gravity of the offence and taking into account that the trial has not yet commenced, at this stage, I am not inclined to release the applicants on bail. 3 7. Accordingly, the bail application filed under Section 483 of BNSS, 2023 is rejected. 8. Office is directed to sent a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal) Judge Sourabh P.